Disputed matters on the concept of public authority

Author:Elena Emilia ?tefan
Position:Lecturer, PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: stefanelena@gmail.com).
Pages:132-139
SUMMARY

The issue on the submitting of the statement of assets and interests is a subject of great interest within the Romanian society. Starting from this subject, this study aims to analyze which are the legal entities required under the legislation in force to submit the statement of assets and interests and the penalty incurred for the failure to do so. Furthermore, we consider relevant, in order to... (see full summary)

 
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LESIJ NO. XXII, VOL. 1/2015
DISPUTED MATTERS ON THE CONCEPT OF PUBLIC
AUTHORITY
Elena Emilia ȘTEFAN*
Abstract
The issue on the submitting of th e statement of assets and interests is a subject of great interest
within the Romanian society. Starting from this subject, this study aims to analyze which are the legal
entities required under the legislation in force to submit the statement of assets and interests and the
penalty incurred for the failure to do so.
Furthermore, we consider relevant, in order to have an overview on the set out issue, to establish
the significance of the concept of public authority. Not incidentally, we understand to discuss these two
concepts, respectively the statement of assets and interests and the public authorities due to the fact
that they were closely related within the judicial practice. Therefore, the qualification of a legal entity
as a public authority leads to the obligation of the employees of the respective entity to submit the
statement of assets and interests.
Keywords: contentious administrative law, public authorities, statement of assets and interests,
Financial Surveillance Authority, civil servant.
1. Introduction *
Following the occultism practiced by
the totalitarian regime removed on
December 22nd, 1989, the transparency
became an imperative matter for the public
life
1
. De facto, this means that the public
offices and functions fulfilled for personal
scopes, generally material scopes, shall be
avoided
2
.
According to the accepted legal
principle, the statement of assets is usually
* Lecturer, PhD, Faculty of Law, “Nicolae Titulescu” University of Bucharest (e-mail: stefanelena@gmail.com).
1
Mihai Constantinescu, Ioan Muraru, Drept parlamentar (Parliamentary Law), Gramar Publishing House,
Bucharest, 1994, p.55.
2
Mihai Constantinescu, Ioan Muraru, op.cit., p.101.
3
Verginia Vedinaș, Drept administrativ (Adminitrative Law), 4th edition reviewed and updated, Universul Juridic
Publishing House, Bucharest, 2009, p. 482.
4
Art. 3 paragraph (1) of Law no. 176/2010 on the integrity in exercising the public offices and functions, for the
amendment and supplementation of Law no. 144/2007 on the establishment, organization and functioning of the
National Integrity Agency (...), published in Official Journal no. 621/2010.
5
Verginia Vedinaș, Drept administrativ, (Administrative Law), 4th edition reviewed and updated, Universul
Juridic Publishing House, Bucharest, 2009, p. 482.
analyzed under the name of obligation of
disinterestedness and makes part of the
category of the duties which equally aim
both the p rofessional and the private life of
the civil servant
3
. The statement of assets
and the statement of interests represent
personal deeds and they can be revised only
under the terms of this law
4
. (...) Another
author showed that the law seeks to prevent
the cases of abuse, corruption, the use of the
service in order to achieve outstanding
material advantages
5
.

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